Deportation is the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated.
Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deport-ability.
The removal process usually begins with the Department of Homeland Security (DHS) issuing a Notice to Appear (NTA). This document states your name and the country in which you were born, orders you to appear before an Immigration Judge (IJ), and gives you other information, such as:
- Why you’re being ordered to appear
- How you allegedly broke the law
- The consequences of your failure to appear at the hearing
RELIEF FROM REMOVAL
Examples of forms of relief from removal or deportation:
- Cancellation of removal (EOIR-42A and EOIR-42B)
- Relief under former section 212(c)
- Adjustment of status
- Waivers of inadmissibility (I-601) under 212(h) (crimes), 212 (i) (fraud/misrepresentation), and 212 (k) (innocent ineligibility)
- Waivers of deportability under 237 (a) (1) (H) (fraud/misrepresentation at the time of admission) and 237 (a) (1) (E) (iii) (smuggling of spouse or child)
- Asylum, withholding of removal, and Convention Against Torture relief
- Voluntary departure in lieu of a removal order
RELIEF FROM REMOVAL AND DEPORTATION DEFENSE LAWYERS
If you, a family member, or loved one find yourself in removal proceedings or deportation, you want the best representation possible because a non-citizen normally receives only one chance to prove that he/she should not be deported. You need an experienced deportation defense attorney like Chad M. Brandt, who will fight for you as the consequences of an order of removal can be severe.